Bombay High Court
SK. ASLAM SK. YASINversusTHE STATE OF MAHARASHTRA THR DIST. COLLECTOR TAL AND DIST JALNA AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court condoned the 2,110‑day delay subject to the condition that the claimant not claim interest or statutory benefits for the delayed period.
Summary
The applicant, a daily‑wage laborer, filed a civil application after a delay of 2,110 days, seeking compensation. The State of Maharashtra and other respondents opposed the application, arguing that the delay was unreasonable. The applicant’s counsel explained that the claimant was unaware of procedural requirements and only filed after learning the process and arranging court fees. The Court accepted this explanation, condoning the delay on the condition that the claimant undertakes not to claim interest or statutory benefits for the delayed period within four weeks. Consequently, the civil application was allowed and disposed of, and a first appeal was listed for 11 September 2026.
Issues considered
- Whether a delay of 2,110 days in filing the appeal can be condoned.
- Whether the claimant may claim interest and statutory benefits for the period of delay.
Subjects
- condonation of delay
- civil procedure
- interest
- statutory benefits
- court fees
Judgment
2026:BHC-AUG:38270
1 918-CA-7436-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
918 CIVIL APPLICATION NO. 7436 OF 2024
IN FAST/14359/2024
Sk. Aslam Sk. Yasin
VERSUS
The State Of Maharashtra Thr Dist. Collector Tal And Dist Jalna And Ors
...
Adv. S. M. Kakde And D. M. Kakde for the Applicant.
Mr. S.V. Hange, AGP for the State.
Mrs.Majusha Ware-Jagtap for Respondent No.3.
...
CORAM : MANJUSHA DESHPANDE, J.
DATE : 21.08.2026
PER COURT :
1. The learned Advocate, Ms.Ware-Jagtap, submits that she has
received instructions to appear for the Acquiring Body.
2. Although the office remarks shows that copies are not
supplied for issuing notice to Respondent No.2 in view of the appearance
cause by the learned Advocate No.3. The objections does not deserve
consideration and it can be disposed off.
3. The delay in filing the appeal is of 2110 days. The learned
Advocate for the Applicant submits that the Claimant is a poor person
belonging to a rustic background and earns his livelihood on a daily-wage
basis. He was not aware of the procedure for filing proceedings against
receiving insufficient compensation. Therefore, after gaining knowledge
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2 918-CA-7436-2024.odt
of the same and making arrangements for payment of the requisite Court
fees, he approached this Court. In the process, considerable time was
consumed. Hence, it is submitted that the delay deserves to be condoned.
4. Considering the satisfactory explanation in Paragraph No.5
of the application, the delay of 2110 days in filing the appeal is
condoned, subject to condition that the claimant furnishes an
undertaking to this Court the claimant shall not claim the interest and
statutory benefit for the delayed period within a period of four weeks to
the Registrar (Judicial) of this Court.
5. In view of the above, Civil Application stands allowed and
disposed off.
6. List the First Appeal on 11th September, 2026.
[ MANJUSHA DESHPANDE, J. ]
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